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About That Pennsylvania Assault Case

Volokh has been all over the story.

It turns out the judge wasn’t a Muslim convert, and Volokh doesn’t think anti-Sharia legislation would have helped in this case.  Which still doesn’t mean the disposition was correct (it wasn’t) or that the judge had any business berating the victim (he didn’t).  Assault is still assault, and motive is not the same as intent.

The judge — who stated that he (the judge) was himself a Muslim and [UPDATE: see below] found the speech to be offensive — spent a good deal of time berating the victim for what the judge saw as the victim’s offensive and blasphemous speech, which seems to raise a serious question about whether the judge’s acquittal of the defendant was actually partly caused by the judge’s disapproval of the victim.

Posted in Law.